N.Y. Comp. Codes R. & Regs. tit. 9 § 2201.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 2201.3 - Compensable rent adjustment effective August 1, 1970

(a) Notwithstanding the provisions of section 2201.1 of this Part, effective August 1, 1970:

(1) the maximum rent in effect on July 31, 1970 shall be increased, for any individual housing accommodation where it is less than $60 per month, by $10 per month for a housing accommodation containing less than four rooms and by $15 per month where the housing accommodation contains four or more rooms; or

(2) the maximum rent in effect on July 31, 1970 for any housing accommodation having a maximum rent on such date of $60 or more per month:

(i) for which one or more but less than two full 15-percent rent increases have been granted since May 1, 1953, pursuant to former section 33.2 of the New York City Rent and Eviction Regulations, the maximum rent shall be increased by eight percent;

(ii) for which no full 15-percent increase has been granted since May 1, 1953, pursuant to such former section 33.2, the maximum rent shall be increased by 15 percent; except that:

(a) if there was no such increase for any individual housing accommodation made subject to these regulations pursuant to section 2200.2(e)(2) or (3) thereof, for which a first rent was established after July 31, 1965 and before August 1, 1968, the maximum rent shall be increased five percent; and

(b) if there was no such increase for any individual housing accommodation made subject to these regulations, pursuant to section 2200.2(e)(2) or (3) thereof, for which a first rent was established on or after August 1, 1968, there shall be no increase in the maximum rent.

(i) For the purposes of this section, the term room shall not include bathroom, foyer, windowless room, and shall be limited to living room, kitchen (other than an enclosed kitchenette or an area in the living room which is either recessed or semienclosed), dining room (other than a dinette or dining alcove) and bedrooms.

(b) On or after August 1, 1970, the landlord may file an application for labor cost rent adjustment pursuant to section 2202.14 of this Title. In lieu of such labor cost rent adjustment, the landlord of a building with 20 or fewer housing accommodations shall have the option of filing for a five-percent increase in maximum rent for any individual housing accommodation for which wo or more full 15-percent increases have been granted since May 1, 1953, pursuant to the former section 33.2 of the New York City Rent and Eviction Regulations.

(c) Nothing contained in this section, however, shall have the effect of increasing the maximum rent for a housing accommodation where the maximum rent in effect on July 31, 1970 is less than $60 per month, except as provided in paragraph (a)(1) of this section. The provisions of paragraph (a)(2) and of subdivision (f) of this section shall be inapplicable to such housing accommodations.

(d) Where a lease is in effect for any housing accommodation on August 1, 1970, no adjustment of the maximum rent for such accommodation shall become effective until the expiration of such lease.

(e) Where a housing accommodation becomes vacant on or after August 1, 1970 and before January 1, 1972 by voluntary surrender of possession by the tenant, the maximum rent shall be increased by not more than 15 percent over the maximum rent established for such accommodation at the time that the vacancy occurred, provided that a report is filed with the administrator as prescribed by section 2203.9 of this Title. No more than one such full 15-percent vacancy increase may be obtained for a housing accommodation. If the administrator shall make a finding that the landlord, for the purpose of obtaining such vacancy, had harassed the tenant by engaging in a course of conduct proscribed by section 2205.1(b) of this Title (section Y51-10.0d of the Rent Law), in addition to all other civil or criminal penalties, injunctive relief and enforcement remedies authorized by the Rent Law or these regulations, no housing accommodations in the building shall thereafter be entitled to the benefit of a rent increase as the result of becoming vacant between the aforesaid dates.

(f) The total of (1) the rent increase pursuant to paragraph (a)(2) of this section, (2) any increases granted between January 1, 1970 and December 31, 1971, inclusive, pursuant to section 2202.8, 2202.9 or 2202.10 of this Title, and (3) any increase granted on or after August 1, 1970 pursuant to section 2202.11 of this Title, shall not exceed 15 percent of the 1970 base rent. For the purposes of this subdivision, the 1970 base rent is the maximum rent on July 31, 1970 minus the amount of any increase granted between January 1, 1970 and July 31, 1970, inclusive, pursuant to section 2202.8, 2202.9 or 2202.10 of this Title. This subdivision shall not operate to decrease any maximum rent existing on July 31, 1970.

(g)

(1) The rent increases provided for in this section shall be collectible upon the landlord's filing a report with the administrator as provided in section 2203.9 of this Title, subject to adjustment, however, by order of the administrator which shall prescribe (i) that any excess rent paid by the tenant be credited to the tenant in full commencing with the rental payment following the date of issuance of such order, or (ii) that any rent due landlord by reason of the order shall be paid in installments equal to the number of whole months intervening between August 1, 1970 and the date of issuance of such order. If the initial report is filed on or before October 31, 1970, the increase shall take effect August 1, 1970. If the report if filed thereafter, such increase shall take effect with the first rental following the filing.

(2) The report shall contain a certified statement by the landlord that there is no legally habitable rent-controlled housing accommodation, in the building containing the accommodation for which any rent increase is sought, which has not been rented for a period of six months or more prior to the filing of such report, or that if there is such a housing accommodation, the reason it has not been rented is that it is being altered pursuant to a permit issued by the Department of Buildings no later than three months after the vacancy commenced and that the alteration is of such a nature that the accommodation must be kept vacant while it is being made, or for such other cause found by the administrator not to be inconsistent with the purpose of the Rent law or these regulations; provided, further, that in the case of an alteration, it is commenced within 60 days from the issuance of said permit. A copy of the permit and the plans therefor shall accompany the report. No report shall be accepted for filing, and no rent increase provided for in this section shall be collected, in the absence of any such verified statement by the landlord.

(h) The rent increases provided for in this section shall not be collectible for the period between April 1, 1971 and December 31, 1971, inclusive, unless the landlord shall have filed with the administrator, on or before March 31, 1971, a certified statement attesting that for every month for which he has received a rent increase pursuant to this section, he has expended on the operation, maintenance and improvements of the housing accommodations from which increases were collected an amount which equals the amount expended per month for such purpose averaged over the preceding five years, or such lesser period that he has been landlord of such property, plus 90 percent of all increased rents so collected. If such certified statement is filed after March 31, 1971, such increases shall be collectible beginning on the first day of the month following the date of such filing.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2201.3